M/S Inder International v. Deputy Director, Income Tax (Inv.)-2,Ludhiana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CWP No. 22521 of 2016 Decided on : 11.07.2017 M/s Inder International Versus Deputy Director, Income Tax (Inv.)-2,Ludhiana and others . . . Petitioner . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE AMIT RAWAL PRESENT: Mr. Saurabh Kapoor, Advocatefor the petitioner.for the petitioner. Mr. Rajesh Sethi, Sr. Standing Counsel with Mr. Arun Biriwal, Advocate, Mr. Tshar Gera, Advocate & Ms. Varinder Kaur Warraich, Advocatefor the respondents. Mr. Satish Aggarwala, Advocate for DRI. **** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing of letter dated 14[th] September, 2016 (Annexure P-16), issued by the DRI. A further prayer for direction to the respondents to release the cash lying in their custody has also been made. 2.In view of the orders dated 23.05.2017, passed by this Court in CM No. 6516 of 2017, whereby, the assessing officer was to complete the assessment proceedings by 30.06.2017, it is considered that it would not be essential to delve into detail factual matrix involved herein. It may be suffice to notice that the amount in dispute i.e. ` 63.30 lacs, which was ceased by the DRI was requisitioned under Section 132A of the Income Tax Act, 1961 (in short 'the Act') and was remitted to the Income Tax Department. The petitioner has claimed refund of the same in the present petition. 3.As noticed earlier, on 23.05.2017, this Court in CM No. 6516-CWP of 2017, had directed the Income Tax Department to finalise the assessment proceedings on or before 30.06.2017. Now, it has been brought to our notice that the Assessment Order has since been passed and on that basis, the petitioner is entitled for certain refund, as the liability assessed in the assessment proceedings is less than the amount, which was requisitioned by the Income Tax Department under Section 132A of the Act. 4.Learned counsel for the respondents submitted that the excess amount i.e. beyond the liability created by the assessment order shall be cleared within a period of 21 days from the date of receipt of certified copy of this order, in accordance with the provisions of the Act. However, learned counsel for the petitioner prayed for liberty to challenge the assessment order by filing an appeal before the appellate authority, in accordance with law. 5.The writ petition is disposed of by directing the respondents to release the excess amount beyond the liability created by the assessment order, in accordance with law. It shall, however, be open to the petitioner to challenge the assessment order, wherein, it can raise all the pleas available to it or involved in the present writ petition before the appellate authority, in accordance with the provisions of the Act. (AJAY KUMAR MITTAL) JUDGE July 11, 2017J.Ram (AMIT RAWAL) JUDGE Whether speaking/reasoned:Whether Reportable: Yes/NoYes/No